Revenge pornography—also known as revenge porn or nonconsensual pornography—is a criminal offense in most states and is committed when a person publishes private nude, pornographic, or explicit photos, videos, or images of another person’s body or sexual activity without that person’s consent.
The publication of revenge porn may occur in many forms, including (1) an in-person showing of printed or electronic photographs or video to another person or persons; (2) sending images or videos by electronic message such as text, chat, or e-mail; (3) publishing images or videos on social media; or (4) publishing images or videos on a website.
Revenge pornography laws are generally located in a state’s statutes—often in the penal or criminal code. These statutes are sometimes titled with descriptive names such as The Unlawful Disclosure or Promotion of Intimate Visual Material. Revenge pornography offenses may be prosecuted as misdemeanors or as felony offenses—depending on the state's laws—and often include potential jail or prison time.
The publication of revenge pornography may also create civil liability for money damages in a lawsuit under state law, and some states have enacted specific laws providing for such civil liability, in addition to any criminal prosecution.
In Maine, revenge pornography is addressed under the state's criminal statutes. Specifically, Maine law classifies the unauthorized dissemination of certain private images, often referred to as revenge porn, as a criminal offense. This includes the distribution or publication of private visual representations of another person without their consent when the person depicted had a reasonable expectation that the images would remain private. The law covers various means of publication, such as sharing electronically through text, email, social media, or posting on websites. Depending on the circumstances, the offense can be prosecuted as a misdemeanor or felony, with penalties that may include fines and imprisonment. Additionally, victims of revenge pornography in Maine may have the right to pursue civil action for damages against the perpetrator, providing a legal avenue to seek compensation for the harm suffered due to the nonconsensual dissemination of private images.